A Texas judge has ruled that Idaho, Kansas, and Missouri can move forward with their legal challenge to limit access to mifepristone, the most common abortion drug in the U.S. The states are pushing to have the FDA restrict telehealth prescriptions for the drug, reduce the time frame it can be used from 10 weeks to 7 weeks of pregnancy, and require three in-person doctor visits to obtain it.
This ruling comes after the U.S. Supreme Court previously found that abortion opponents who originally filed the case didn’t have the right to sue. However, Texas-based Judge Matthew Kacsmaryk, a Trump appointee, has allowed the case to proceed. The states argue that easing access to mifepristone undermines state abortion laws and hinders enforcement.
Abortion rights groups, like the ACLU, have criticized the ruling, pointing out that the Supreme Court already upheld access to mifepristone last year and that this latest move opens the door for further attacks on medication abortion. With former President Trump’s second term starting soon, his administration may play a key role in defending the FDA in the case.
Mifepristone is increasingly targeted by anti-abortion groups as more abortions in the U.S. shift to being medication-based rather than surgical. Several states have already introduced bills to ban the drug or restrict its use.